OS 
Of 
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1  31 
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1 

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GIFT  -^ 

'EC  22  1915 


No.  143. 


Board  of 
Estimate  and  Apportionment 


CITY    OF    NEW^    YORK 


SECOND     REPORT     BY    THE 


BUREAU  OF  FRANCHISES 

Upon  the  application   of  the 


MARCONI  TELEGRAPH-CABLE 
COMPANY,  INC 

for  authority  to  lay,  construct,  maintain  and  operate  conductors 
under  the  streets  and  avenues  of  the  City  for  the  purpose 
of  conducting  and  maintaining   a   general   tele- 
graph business,  with  suggestions  as  to  the 
proposed  form  of  contract. 


.^fiH^ 


jrrQncY]  nC  ^O  , 


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;  \  I  V  1-.  i<  s  I  T  Y    )i 


JUNE    28.   1915 


} 


M.  B.  BROWN  PRINTING  &  BINDING  CO., 

37-41   Chambers   Street.   N.   Y. 


617B— 15— 15  ' 


Board  of  Estimate  and  Apportionment, 

The  City  of  New  York, 

Bureau  of  Franchises, 

Room  1307,  Municipal  Building, 

June  28,  1915. 

Hon.  John  Purroy  Mitchel,  Mayor,  Chairman  of  the  Board  of  Estimatt  and  Appor- 
tionment: 
Sir — At  the  meeting  of  the  Board  iield  February  5,  1915,  this  Bureau  reported 
upon  the  application  of  the  Marconi  Telegraph-Cable  Company,  Inc.,  for  the  consent 
of  the  Board  to  the  laying,  construction,  maintenance  and  operation  of  such  wires 
as  might  be  necessary  for  the  purpose  of  conducting  and  maintaining  a  general  tele- 
graph business.  With  that  report  there  was  presented  a  form  of  contract  which  had 
been  drafted  by  the  Bureau,  but  as  the  provisions  of  the  same  were  not  acceptable 
to  the  Company,  the  matter  was  referred  to  the  Corporation  Counsel,  with  the  re- 
quest that  he  confer  with  counsel  to  the  Company  on  the  entire  contract  as  sub- 
mitted, and  then  advise  the  Board  as  to  its  power  and  authority  in  the  premises. 

As  stated  in  the  above-mentioned  report  of  the  Bureau,  the  Marconi  Telegraph- 
Cable  Company,  Inc.,  is  a  New  York  corporation  which  has  accepted  the  Post  Roads 
Act  of  Congress.  By  virtue  of  its  acceptance  of  this  act,  the  Company  claims  to 
have  obtained  certain  privileges,  including  a  limited  power  or  authority  to  use  the 
various  Post  Roads  located  in  the  entire  United  States,  subject  only  to  regulation 
by  the  local  authorities  of  the  various  sections  and  to  a  reasonable  charge  for  such 
regulation  and  for  the  use  of  that  portion  of  the  post  roads  exclusively  appropriated 
by  the  Company.  All  of  the  streets  and  highways  of  the  City  of  New  York  are, 
by  act  of  Congress,  post  roads  of  the  United  States. 

For  the  purpose  of  ascertaining  the  status  of  the  Company,  the  Corporation 
Counsel  was  asked  for  his  opinion  on  the  subject,  and  under  date  of  November  2, 
191-1,  he  rendered  the  same,  holding  that 

"The  Marconi  Telegraph-Cable  Company,  Inc.,  through  its  organization  un- 
der the  Laws  of  the  State  of  New  York  as  a  telegraph  company  and  its  acceptance 
filed  with  the  Postmaster  General  under  Section  5268  of  the  United  States  Statutes, 
was  authorized  to  construct  its  lines  and  operate  through  the  streets  and  avenues 
of  the  City  of  New  York." 

In  explanation  of  this  authority,  the  opinion  quotes  extracts  from  the  opinions 
of  the  courts  in  various  cases,  including  those  rendered  in  New  England  Telegraph 
Co.  vs.  Essex,  206  Fed.  Rep.,  926;  Telegraph  Co.  vs.  Texas,  105  U.  S.,  460;  Western 
Union  Telegraph  Co.  vs.  Massachusetts,  125  U.  S.,  530;  St.  Louis  vs.  Western  Union 
Telegraph  Co.,  148  U.  S.,  92;  Atlantic  &  Pacific  Telegraph  Co.  vs.  Philadelphia,  190 
U.   S.,    160,   and   Western   Union   Telegraph   Co.   vs.   Richmond,   224   U.    S.,    160.     It 


A'as  also  stated  in  the  Corporation  Coiniscrs  opinion  that  any  hcense  fee  whicli  might 
be  levied  by  the  State  of  New  York  or  The  City  of  New  York  upon  telegraphic 
■  nessages  transmitted  by  the  Comply  from  the  State  of  New  York  to  the  State  of 
New  Jersey  would  be  void.  As  the  applicant  company  was  organized  by  the  Marconi 
Wireless  Telegraph  Company  of  America  to  act  as  its  agent  in  the  receipt  and  de- 
livery of  messages  in  the  City  of  New  York,  received  by  or  destined  for  transmis- 
sion at  the  Wireless  Company's  stations  located  in  New  Brunswick  and  Belmar, 
New  Jersey,  it  can  readily  be  seen  that  all  its  business  will  be  of  an  interstate  char- 
acter and  that  the  Com.pany  cannot,  therefore,  be  required  to  pay  the  City  an  annual 
sum  based  on  a  percentage  of  its  gross  receipts.  However,  the  Corporation  Counsel 
stated  that  the  City  liad  the  right  to  demand  reasonable  compensation  for  the  use 
of  the  streets  by  the  Company.  What  this  reasonable  compensation  should  be  it 
was  rather  difficult  to  determine.  After  an  examination  of  the  court  opinions  cited 
by  the  Corporation  Counsel,  of  the  previous  grants  that  had  been  made  to  companies 
which  had  accepted  the  Post  Roads  Act  and  of  the  statements  as  to  the  payments 
which  had  been  made  by  the  various  com.panies  to  the  State  Comptroller  for  the 
"regulation"  by  the  Board  of  Electrical  Control  prior  to  1898,  the  conclusion  was 
reached  that  an  annual  charge  of  $2,500,  if  the  Company  were  confined  to  the  Bor- 
ough of  Manhattan,  could  not  be  considered  other  than  reasonable.  The  Company, 
however,  objected  strenuously  to  any  charge  except  that  which  might  be  made  by 
the  Subway  Company  for  the  use  of  its  ducts  and  contended  that  the  issue  so  raised 
was  a  matter  for  legal  determination.  The  Bureau  therefore  recommended  that  the 
matter  be  referred  to  the  Corporation  Counsel,  which  was  done. 

Negotiations  With  Coiitf'aiiy. 

Mr.  A.  J.  Baldwin,  Attorney  for  the  Corr.pany,  began  negotiations  with  Assistant 
Corporation  Counsel  Rosensohn,  to  whom  the  matter  was  referred,  and  on  March 
2Sth,  at  the  invitation  of  Mr.  Rosensohn,  representatives  of  this  Bureau  attended  a 
conference  with  Mr.  Baldwin  at  his  office.  At  this  conference,  in  view  of  the  attitude 
of  the  Corporation  Counsel  the  Company,  by  its  attorney,  agreed  that  it  would  pay 
some  compensation  to  the  City,  and  by  letter  on  April  13,  offered  an  initial  payment 
of  $1,000.  and  an  annual  rental  based  on  the  mileage  of  conductors  used.  This  was 
not  in  sufficiently  definite  form,  and  on  April  22  Mr.  Baldwin  called  with  the  President 
of  the  Company,  Mr.  E.  J.  Nally.  when  the  $5,000  initial  payment  was  agreed  to  and 
the  Company  offered  to  pay  the  City  the  annual  sum  of  $100  per  rr.ile  of  circuit  used 
by  it  in  the  city,  with  a  minimum  of  $1,000  a  year.  As  the  Company,  at  present, 
proposes  to  lease  all  its  circuits,  they  will  in  all  probability  be  metallic  circuits. 

Under  date  of  May  3,  the  attorney,  in  answer  to  a  communication  of  this  Bureau, 
submitted  the  form  of  contract  drafted  by  this  Bureau,  amended  in  line  with  the 
negotiations  that  had  been  carried  on,  so  as  to  meet  with  his  views,  and  the  same  was 
thereupon  submitted  to  the  Corporation  Counsel  for  his  examination  and  approval, 
after  the  Bureau  had  made  one  or  two  further  amendments  that,  it  was  believed, 
were  required.  On  May  24  the  Corporation  Counsel  approved  the  contract  as  finally 
amended  by  the  Bureau  and  the  same  was  then  transmitted  to  the  Company  for  final 
acceptance. 


Previous  Exffrioicc  Willi  Cuiiifonics  of  'litis  Character. 
In  the  very  early  consents  applied  for  and  granted  by  the  City,  no  charges  were 
imposed  on  the  companies  obtaining  the  same.  These  consents,  however,  are  ex- 
tremely few  in  number,  as  the  vast  majority  of  the  companies  claimed  to  be  privileged 
to  use  the  streets  without  the  consent  of  the  City,  based  on  the  wording  of  their 
incorporation  act  as  interpreted  by  the  courts. 

One  of  the  first  grants  which  imposed  a  charge  was  that  made  to  a  company  which 
had  not  accepted  the  Post  Roads  Act,  viz.,  the  Metropolitan  Telephone  and  Telegraph 
Company,  on  December  13.  1881.    This  resolution  provided  that— 

"For  each  street  opened  and  used  by  the  company,  under  this  permission,  for 
the  purpose  of  laying  therein  its  lines  of  electrical  conductors,  it  shall  pay  to  the 
City  a  sum  equal  to  one  cent  for  each  lineal  foot  of  such  street  occupied."  (Ap- 
proved Papers,  Vol.  49,  p.  406.) 

Almost  identical  provisions  were  contained  in  the  consents  granted  to  the  Western 
Union  Telegraph  Company  May  2,  1883  (Approved  Papers,  Vol.  51,  p.  155),  and 
to  the  Commercial  Cable  Company,  November  12,  1884  (Approved  Papers,  Vol.  52, 
p.  461).  The  Western  Union  Telegraph  Company  is  a  New  York  corporation  which 
has  accepted  the  Post  Roads  Act,  while  the  Commercial  Cable  Company  is  a  cable 
company.  It  has  been  ascertained  that  the  above  three  companies  have  never  paid 
anything  to  the  City  under  the  consents  mentioned. 

Coming  to  more  recent  years  and  after  the  enactment  of  the  Greater  New  York 
Charter  of  1897,  wc  find  tlie  Board  in  1911  considering  the  application  of  the  Postal 
Telegraph-Cable  Company,  a  New  York  corporation  which  had  accepted  the  Post 
Roads  Act.  In  this  case  the  Bureau  in  its  report  to  the  Board  under  date  of  March 
27,  1911,  recommended  that  the  Company  be  charged  an  initial  sum  of  $10,000  to  pay 
the  expense  to  the  City  of  the  examination  of  the  application  of  the  Company 
and  all  work  incidental  thereto,  and  annual  sums  ranging  from  $5,000  to  $7,500.  In 
this  case  the  proposed  use  of  the  street  was  fixed  and  certain  and  the  line  was  being 
constructed  to  be  used  as  a  substitute  for  one  which  had  to  be  abandoned  because 
of  the  improvement  of  Jamaica  Bay  and  which  it  was  agreed  should  be  transferred 
to  the  City  when  the  new  line  was  completed.  However,  the  Company  objected  to 
the  payment  of  the  sums  proposed  or  to  the  payment  of  any  money,  and,  the  matter 
having  been  referred  to  the  Franchise  Committee,  the  provision  for  payments  was 
elimin°ated  after  consultation  with  the  Corporation  Counsel.  The  contract  as  finally 
entered  into  under  date  of  February  27,  1912,  merely  requires  the  transfer  to  the 
City  of  the  conduits  to  be  abandoned,  in  consideration  of  the  consent  to  the 
use  of  the  "Conduit  Lands"  by  the  new  hne. 

After  this  contract  was  entered  into,  the  opinion  of  the  United  States  Supreme 
Court  in  Western  Union  Telegraph  Company  vs.  Richmond,  224  U.  S.  160,  was 
rendered.  This  opinion  apparently  is  considered  as  conceding  that  municipalities 
when  dealing  with  companies  which  have  accepted  the  Post  Roads  Act  have  more 
powers  and  authority  than  was  heretofore  supposed.  In  any  event,  the  next  Post 
Road  companv  considered  by  the  Board-viz.,  the  Stock  Quotation  Telegraph 
Company-entered  into  a  contract  with  the  City  on  May  8,  1913,  under  which  it 
agreed  to  pay  an  initial  sum  of  $10,000.  and  3,  4  and  5  per  cent,  of  its  gross  receipts 


during  the  term  of  its  contract,  with  minimums  of  $4,300,  $6,000  and  $7,500.  The 
Stock  Quotation  Company,  however,  is  engaged  largely  in  the  conduct  of  a  local 
business,  while  the  present  applicant  intends  to  engage  solely  in  an  interstate 
business.  There  is  also  some  doubt  as  to  whether  the  operations  of  the  Stock 
Quotations  Company  entitle  it  to  any  privileges  under  the   Post  Roads  Act. 

Under  all  the  circumstances,  I  deem  the  present  settlement  of  the  question  between 
the  City  and  the  applicant  Marconi  Company  to  be  favorable  to  the  City  and  feel 
justified  in  recommending  its  approval  by  the  Board. 

Proposed  Form  of  Contract. 

The  main  provisions  of  the  proposed  form  of  contract  have  already  been 
discussed  in  the  previous  report  of  this  Bureau  on  the  Company,  under  date  of 
January  30,  so  reference  will  be  made  only  to  the  amendments  to  the  same. 

Section  1.  This  section  is  amended  so  as  to  permit  the  Company  to  operate  in 
the  entire  City,  instead  of  merely  in  the  Borough  of  Manhattan,  and  by  including 
the  word  "use"  as  to  the  wires  which  it  will  operate,  is  intended  to  refer  to  wires 
which  the  Company  may  lease  as  well  as  to  those  which  it  may  own  and  operate. 
In  view  of  the  fact  that  the  Company  has  now  agreed  to  the  payment  to  the 
City  of  an  annual  sum,  measured  by  the  length  of  the  condi'ctor  used  by  it,  there 
did  not  appear  to  be  any  objection  to  increasing  the  territory  in  which  it  may 
operate.  It  will  be  remembered  that  the  Bureau  recommended  a  flat  sum  when 
it  was  proposed  to  confine  it  to  the  Borough  of  Manhattan. 

Section  2.  First.  This  section  has  been  amended  so  as  to  prohibit  the  Company 
from  using  the  wires  or  conductors  operated  by  it  for  a  telephone,  messenger  or 
signal  business.  As  it  has  been  held  that  the  Post  Roads  .^ct  confers  no  rights  or 
privileges  on  companies  conducting  a  telephone,  messenger  or  signal  business,  etc.. 
the  City  has  full  power  when  authorizing  the  use  of  the  streets  for  such  a  business 
to  compel  the  grantee  to  accept  a  franchise  with  all  its  incidents.  The  applicant 
company  does  not  desire  a  franchise,  nor  does  it  wish  at  present  to  engage  in  any 
of  the  prohibited  forms  of  business.  The  contract  was  drafted  so  that  the  Company 
would  be  vested  with  no  privileges  in  this  connection,  and  should  it  ever  desire  to 
extend  its  operations,  it  can  then  apply  to  the  Board  for  permission  to  do  so,  when 
the  matter  can  be  taken  up  and  considered  by  itself.  It  will  be  seen,  therefore,  that 
the  only  authority  in  the  Company  under  the  Post  Roads  .A.ct  and  the  proposed 
contract  is  the  conduct  of  a  telegraph  business  between  various  points  by  means 
of  Morse  instruments  or  an  improvement  of  the  same.  The  operation  of  "pony" 
wires  connecting  offices  of  the  Company  with  offices  of  its  subscribers  is  conceded 
to  be  included  in  this  authority. 

Section  2.  Third.  This  provision  relates  to  the  compensation  which  is  to  be  paid 
by  the  Company  to  the  City.  It  provides  that  the  sum  of  $5,000  be  paid  within  thirty 
days  from  the  date  upon  which  the  contract  is  signed  by  the  Mayor,  in  order  to  reim- 
burse the  City  for  the  expense  of  examination  of  the  application  and  all  work  in 
connection  therewith.  The  annual  payment  is  to  be  $100  per  mile  for  each  and  every 
metallic  circuit  used  or  operated  by  the  Company,  with  a  minimum  of  $1,000.  The 
method  of  arriving  at  the  total  length  of  these  circuits   for  the  purpose  of  deter- 


mining  what  the  Company  is  to  pay  to  the  City  is  specir.c<l  in  this  provision.  Should, 
however,  the  Company  be  using  leased  wires,  then  it  is  required  to  certify  to  the 
Comptroller  the  various  offices  which  are  the  terminal  points  of  the  circuits  used  hy 
it  and  the  sum  to  be  paid  in  that  event  is  to  be  calculated  and  based  upon  the  dis- 
tances between  such  offices  by  the  most  direct  route  through  the  streets  and  avenues 
of  the  City.  As  it  is  rarely  possible  for  a  company  leasing  wires  to  be  either  pos- 
sessed of  or  obtain  information  as  to  the  route  followed  by  such  wires  between  the 
terminal  points  of  the  circuit,  this  was  deemed  to  be  the  most  effective  method  of 
dealing  with  this  question. 

Section  2.  Fifteenth.  This  provision  refers  to  the  termination  of  the  contract  m 
case' of  failure  on  the  part  of  the  Company  to  operate.  It  has  been  amended  so  that 
,t  will  not  take  effect  or  apply  to  the  Company  until  after  the  commencement  of  Trans- 
Atlantic  service  by  the  Marconi  Wireless  Telegraph  Company  of  America,  with  winch 
the  applicant  will  connect,  and  of  which  it  will  be  the  agent  in  New  York  City.  As 
the  stations  of  the  Wireless  Company  in  New  Jersey  have  been  specially  constructed 
for  operation  with  the  corresponding  stations  situated  at  Canarvon  and  Towyn, 
Wales,  and  as  these  Welsh  stations  have  been  taken  over  and  are  being  operated  by 
the  English  Government,  due  to  the  war,  this  amendment  appears  to  be  but  fair  to 
the  Company,  as  until  the  end  of  the  war  and  the  release  of  the  Welsh  stafons,  it 
will  not  be  able  to  conduct  any  operations. 

Section  2  Sixteenth.  This  provision,  relating  to  the  annual  report  to  be  filed  l)y 
the  Company  with  the  Board,  has  been  slightly  modified  in  the  16th.  18th  and  19th 
items  by  requiring  the  Company  to  report  its  operations  as  a  whole  instead  of  con- 
fining the  report  to  New  York  City,  and  by  the  elimination  of  the  20th  item,  requirmg 
the  names  of  the  countries  and  localities  from  and  to  which  messages  were  received 
and  transmitted.  It  would  seem,  after  discussion  with  the  Company,  that  to  comply 
literally  with  the  20th  item  would  be  almost  impossible,  and  as  the  information  de- 
sired can  be  obtained  at  any  time  from  a  rate  book  of  the  Company,  which  will 
show   its   foreign   connections,  there  is  very  little,   if  any,  necessity   for  this   require- 

ment.  . 

Section  2.  Seventeenth.  This  is  a  new  provision  which  has  been  inserted  to  re- 
quire the  Company  to  furnish  reports  to  the  Comptroller  as  to  the  mileage  of  the 
circuits  used  by  it,  in  order  that  he  may  determine  the  sums  which  it  should  pay  to 
the  City  under  the  provisions  of  the  contract. 

Section  7  Eighteenth  (Formerly  Seventeenth).  This  provision,  which  relates  to 
the  security  fund  to  be  deposited  with  the  Comptroller,  has  been  slightly  modified  so 
that  that  fund  shall  also  be  security  for  the  initial  payment,  or  should  tlie  m.tial  pay- 
ment not  be  made,  then  the  contract  will  not  become  operative. 

Section  2.  Twenty-second  (Formerly  Twenty-first).  This  provision  has  been 
amended  so  that  in  defining  "streets  and  avenues"  it  refers  to  lands  under  water  as 
well  as  to  highways,  parkways,  etc.  This  amendment  was  requested  by  the  Com- 
pany and  is  inserted  because  of  the  fact  that  the  circuits  of  the  Company  will  neces- 
sarily have  to  cross  the  Hudson  River  or  the  New  York  Bay  to  reach  the  stations  in 

New  Jersey.  .  . 

As  heretofore  stated,  when  the  proposed   form  of  contract  transmitted  herewith 


8 

had  been  approved  by  the  Corporation  Counsel,  it  was  sent  to  the  Company  for  final 
acceptance.  The  Company,  while  accepting  the  contract  in  the  main,  however,  still 
retained  its  objections  to  items  16,  17  and  19  of  subdivision  Sixteenth  of  section  2, 
which  are  those  items  requiring  it  to  report  to  the  Board  its  receipts  and  expenses  for 
the  year.  I  did  not  believe  that  these  items  should  be  eliminated  by  the  Board,  as  the 
Company  is  a  public  service  corporation  and  should  furnish  reports  as  to  its  opera- 
tions, including  particulars  of  this  character. 

Further  communication  was  therefore  had  with  the  attorney  for  the  Company, 
and  he,  under  date  of  June  21,  finally  acceded  to  the  retention  of  the  above  items. 

It  is  suggested  that  if  the  proposed  contract  meet  with  the  approval  of  the  Board, 
the  same  be  spread  on  the  minutes  for  27  days  and  that  a  resolution  be  adopted  fix- 
ing Thursday,  July  29,  1915,  as  the  date  for  a  public  hearing  thereon,  notice  of  such 
hearing  to  be  published  in  "The  Globe"  and  "Morning  Telegraph,"  newspapers  here- 
tofore designated  by  the  Mayor,  and  in  the  City  Record,  in  accordance  with  the  pro- 
visions of  Section  74  of  the  Greater  New  York  Charter.    Respectfully, 

JOHN  A.  McCOLLUM,  Acting  Cliief  of  Bureau. 


Marconi  Tf.legraph-Cable  Company,  Inc. 
Proposed   Form   of  Contract. 

This  Contract  made,  and  executed  in  dui)licatc  tliis  day  of 

,19  ,  by  and  between  The  City  of  New  York  (hereinafter  called 
the  City),  party  of  the  first  part,  by  the  Mayor  of  said  City,  acting  for  and  in  the 
name  of  said  City,  under  and  in  pursuance  of  the  authority  of  the  Board  of  Estimate 
and  Apportionment  of  said  City  (hereinafter  called  the  Board),  and  the  Marconi 
Telegraph-Cable  Company,  Inc..  a  corporation  formed  under  and  pursuant  to  the 
Laws  of  the  State  of  New  York  (hereinafter  called  the  Company),  party  of  the 
second  part,  witnesseth : 

Whereas,  The  Marconi  Wireless  Telegraph  Company  of  America,  a  corporation 
formed  under  and  pursuant  to  the  Laws  of  the  State  of  New  Jersey,  has  constructed 
and  proposes  to  operate  certain  wireless  receiving  and  transmitting  stations  at  Belmar 
and  New  Brunswick,  in  the  State  of  New  Jersey,  and  for  the  purpose  of  establishing 
ofifices  in  the  City  of  New  York  obtained  the  incorporation  of  and  controls  the 
applicant  Company,  which  is  to  act  as  its  agent  in  the  establishment  of  such  offices 
in  the  City  of  New  York  and  to  receive  and  deliver  from  such  offices  messages 
intended  for  and  received  by  wireless  communication ;  and 

Whereas,  The  said  applicant  Company  on  or  about  June  22,  1914,  tiled  with  the 
Postmaster-General  of  the  United  States  of  .America  a  certificate  of  acceptance  of 
the  restrictions  and  obligations  imposed  on  telegraph  companies  by  an  Act  of  Con- 
gress of  the  United  States,  approved  July  24,  1866,  entitled  "An  Act  to  aid  in  the  con- 
struction of  telegraph  lines  and  to  secure  to  the  government  the  use  of  the  same  for 
postal,  military  and  other  purposes;"  and 

Whereas,  The  Company  has  now  applied  for  authority  to  lay,  construct,  main- 
tain and  operate  or  use  electric  telegraph  wires,  with  the  necessary  branches  in  con- 
nection therewith,  under  and  along  the  streets,  avenues  and  public  places  within  the 
territory  of  the  City  of  New  York,  according  to  the  terms  and  conditions  which  the 
Board  may  determine,  for  the  purpose  of  conducting  and  maintaining  a  general  tele- 
graph business ;  and 

Whereas,  The  Corporation  Counsel  of  the  City  has  advised  the  Board  that  the 
Company  by  its  acceptance  of  the  Post  Roads  Act  obtained  a  right  to  use  the  City's 
streets,  subject  to  the  right  of  the  Board  to  regulate  tlic  use  thereof  and  to  demand  rea- 
sonable compensation  therefor : 

Now,  Therefore,  in  consideration  of  the  mutual  covenants  and  agreements  herein 
contained,  the  parties  hereto  do  hereby  covenant  and  agree  as  follows : 

Section  1.  Subject  to  the  conditions  and  provisions  herinafter  set  forth,  the 
City  hereby  consents  to  the  construction,  maintenance  and  operation  or  use  by  the 
Company  of  suitable  wires  or  other  electrical  conductors  in  the  streets  and  avenues 
within  the  City  of  New  Y'ork,  for  the  purpose  of  electrically  connecting  various  tele- 
graph offices  to  be  established  by  it  in  the  said  City  with  each  other,  and  with  the 
wireless  stations  of  the  Marconi  Wireless  Telegraph  Company  of  America,  located 
at  Belmar  and  New  Brunswick,  in  the  State  of  New  Jersey,  or  elsewhere,  for  the 
purpose  of  doing  a  telegraph  business  between  the  ofifices  of  the  said  Company  and 
the  offices  of  the  said  Marconi  Wireless  Telegraph  Company  of  America. 


10 

Section  2.  The  consent  hereby  given  is  subject  to  the  following  conditions  and 
regulations,  which  shall  be  complied  with  by  the  Company : 

First — No  wires  or  conductors  laid,  maintained  or  operated  by  the  Company  in 
the  City,  or  any  portion  thereof,  shall  be  used  for  the  transmission  of  messenger  call 
signals,  telephonic  conversations  or  for  any  other  purpose  than  the  transmission  of 
messages  by  telegraph  as  contemplated  by  the  Post  Roads  Act  of  Congress  of  the 
United  States  as  interpreted  by  the  Courts. 

Second — The  privilege  of  laying  its  wires  underground  and  using  the  conduits  in 
the  City  streets,  herein  consented  to  by  the  City,  shall  continue  for  the  period  of 
fifteen  (IS)  years  from  the  date  of  the  signing  of  this  contract  by  the  Mayor,  when 
the  same  and  this  contract  shall  cease  and  determine  without  any  action  or  proceeding. 

Third — The  Company  shall  pay  to  the  City  for  the  expense  of  the  examination 
of  the  application  and  all  work  in  connection  therewith,  for  the  facilities  afforded  to 
it,  and  for  local  governmental  supervision,  the  following  sums  of  money: 

1.  1  he  sum  of  five  thousand  dollars  ($5,000)  in  cash  within  thirty  (30)  days  after 

the  date  upon  which  this  contract  is  signed  by  the  Mayor. 

2.  An  annual  sum  which  shall  be  equal  to  one  hundred  dollars  ($100)  per  mile  for 

each  and  every  metallic  circuit  used  or  operated  by  the  Company  in  the  City, 
but  which  sum  shall  not  be  less  than  one  thousand  dollars  ($1,(K)0). 

The  metallic  circuits  referred  to  above  and  wherever  used  in  this  contract  shall  be 
deemed  to  and  shall  include  each  and  every  two  (2)  wires  between  the  same  points 
used  or  operated  by  the  Company,  whether  owned  by  it  or  otherwise.  In  arriving  at 
the  mileage  in  use  or  operated  by  the  Company,  the  different  circuits  used  or  operated 
by  it  shall  not  be  treated  as  separate  items,  but  the  total  mileage  of  such  circuits,  when 
added  together,  shall  be  the  basis  for  the  payment  to  be  made  by  the  Company.  The 
length  of  the  various  circuits  used  or  operated  shall  be  certified  by  the  Company  under 
oath  to  the  Comptroller,  as  hereinafter  provided,  but  should  the  Company,  for  any 
reason,  not  have  sufficient  data  to  enable  it  to  furnish  such  information,  then  and  in 
that  event  it  shall  certify  under  oath  to  the  Comptroller,  as  hereinafter  provided,  the 
various  offices  of  whatever  description  connected  by  the  circuits  in  use  by  it,  and  the 
mileage  upon  which  it  shall  make  the  annual  payments  shall  be  calculated  and  based 
upon  the  distances  between  such  offices  by  the  most  direct  route  through  the  streets 
and  avenues  of  the  City.  Should  the  mileage  at  any  time  exceed  an  exact  number  of 
miles,  then  and  in  that  event  the  annual  payment  to  be  made  by  the  Company  for  the 
excess  over  such  exact  number  of  miles  shall  be  upon  the  basis  of  twenty-five  dollars 
($25)   for  each  quarter  of  a  mile   {H  mile)   or  fraction  thereof. 

The  annual  payments  shall  commence  from  the  date  on  which  this  contract  is 
signed  by  the  Mayor. 

All  annual  payments  as  above  shall  be  paid  into  the  treasury  of  the  City  on  Feb- 
ruary 1  of  each  year,  and  shall  be  for  the  amount  due  to  December  31  next  preceding ; 
provided,  that  the  first  annual  payment  shall  be  only  for  that  proportion  of  the  first 
annual  sum  as  the  time  between  the  date  upon  which  this  contract  is  signed  by  tlie 
Mayor  and  December  31  following  shall  bear  to  the  whole  of  one  year. 

Any  and  all  payments  to  be  made  by  the  terms  of  this  contract  to  the  City  by  the 
Company  shall  not  be  considered  in  any  manner  in  the  nature  of  a  tax,  but  such  pay- 


11 


ments  shall  be  made  in  adidtion  to  any  and  all  taxes  of  whatsoever  kind  or  description 
now  or  hereafter  required  to  be  paid  by  any  ordinance  of  the  City,  or  resolution  of 
the  Board,  or  any  law  of  the  Slate  of  New  York. 

Fourth-The  annual  payments  shall  continue  throughout  the  whole  term  of  this 
contract,  notwithstanding  any  clause  in  any  statute  or  in  the  charter  of  any  other 
company  providing  for  payment  for  similar  rights,  facilities,  franchises  or  supervision 
at  a  different  rate,  and  no  assignment,  lease  or  sublease  of  the  rights  or  privileges,  the 
exercise  of  which  is  herein  consented  to  or  of  the  facilities  for  the  exerc.se  of  the 
same  or  of  anv  part  thereof,  shall  be  valid  or  effectual  for  any  purpose,  unless  the  said 
assi.'nment  lease  or  sublease  shall  contain  a  covenant  on  the  part  of  the  assignee  or 
lessee  that  the  same  is  subject  to  all  the  conditions  of  this  contract;  and  that  the 
assignee  or  lessee  assumes  and  will  be  bound  by  all  of  said  conditions,  and  especially 
said  conditions  as  to  payments,  anything  in  any  statute  or  in  the  charter  of  such 
assignee  or  lessee  to  the  contrary  notwithstanding,  and  that  the  said  assignee  or 
lessee  waives  anv  more  favorable  conditions  created  by  such  statute  or  its  charter,  and 
that  it  will  not  claim  by  reason  thereof,  or  otherwise,  exemption  from  liability  to  per- 
form each  and  all  of  the  conditions  of  this  contract. 

Fiftb-The  rights  and  privileges,  the  exercise  of  which  is  herein  consented  to  or 
the  facilities  for  the  exercise  of  the  same,  shall  not  be  assigned,  either  in  whole  or 
h.  part  or  leased  or  sublet  in  any  manner,  nor  shall  the  title  thereto,  or  right,  interest 
or  property  therein,  pass  to  or  vest  in  any  other  person  or  corporation  whatsoever, 
either  bv  the  act  of  the  Company  or  by  operation  of  law,  whether  under  the  provisions 
of  the  statutes  relating  to  the  consolidation  or  merger  of  corporations  or  otherwise, 
without  the  consent  of  the  City,  acting  by  the  Board,  evidenced  by  an  instrument  under 
seal  anything  herein  contained  to  the  contrary  thereof  in  any  wise  notwithstanding, 
and  the'  granting,  giving  or  waiving  of  any  one  or  more  of  such  consents  shall  not 
render  unnecessary  any  subsequent  consent  or  consents. 

Sixth-The  Company  shall  construct,  maintain  and  operate  its  electric  system 
subject  to  the  supervision  and  control  of  all  the  authorities  of  the  City  who  have 
jurisdiction  in  such  matters,  as  provided  by  the  Charter  of  the  City,  and  in  strict  com- 
pliance with  all  laws  or  ordinances  or  departmental  rules  and  regulations  now  m 
force,  or  which  may  be  adopted,  affecting  companies  operating  electrical  conductors 

in  the  City.  ,         ^., 

No  construction  or  repair  of  said  electrical  system  shall  be  commenced  until 
written  permits  have  been  obtained  from  the  proper  City  officials.  In  any  permit 
so  issued  such  officials  may  impose  such  conditions,  as  a  condition  of  the  granting 
of  the  same,  as  are  necessary  for  the  purpose  of  protecting  any  structures  in  the 
streets  and  avenues  and  the  proper  restoration  of  the  surface  of  such  streets  and 
avenues  over  which   such  officials  have  jurisdiction,  and  the  Company   shall  comply 

with  such  conditions.  ,    „    ,       ■  ,     . 

Upon  completion  of  any  work  of  construction,  the  Company  shall  furnish  to 
the  President  of  the  Borough  a  plan  of  such  character  as  he  may  direct,  showing 
accurately  and  distinctly  the  location,  si.e  and  type  of  constructiou  and  complete 
dimensions  of  the  structures  erected,  installed  or  constructed  under  this  contract, 
and  the  location  and  dimensions  of  all  substructures  encountered  during  the  progress 


12 

of  the  work;  the  depth  below  the  street  surface  of  the  new  structures  and  of  the 
substructures  encountered  must  be  shown,  also  their  location  with  reference  to  the 
nearest  curbline  and  the  nearest  curbline  intersection. 

The  electrical  and  other  equipment  to  be  installed  by  this  Company,  whether  the 
same  be  under  streets  and  avenues,  in  any  Department  of  the  City  or  in  private 
property,  shall  be  constructed  and  maintained  subject  to  the  approval  and  under  the 
supervision  and  control  of  the  Commissioner  of  Water  Supply,  Gas  and  Electricity. 

Seventh — The  plant,  conduits,  wires,  conductors,  connections,  instruments  and 
all  appurtenances  thereto,  shall  be  constructed,  maintained  and  operated  in  the  latest 
approved  manner  and  with  the  most  modern  and  improved  appliances,  and  it  is 
hereby  agreed  that  the  Board  may  require  the  Company  to  improve  or  add  to  its 
plant,  conduits,  wires,  conductors,  connections,  instruments  and  appurtenances,  from 
time  to  time,  as  such  additions  or  improvements  are  determined  by  the  Board,  after 
hearing,  to  be  reasonable  and  necessary.  Upon  failure  on  the  part  of  the  Company 
to  comply  with  the  directions  of  the  Board  within  a  reasonable  time,  this  consent 
and  contract  shall  cease  and  determine. 

Eighth — .\11  cables  and  wires  of  the  Company  laid  pursuant  to  this  contract  shall 
be  placed  in  ducts,  conduits  or  subways  (referred  to  in  this  paragraph  as  "subways"). 
Such  subways  shall  be  leased  from  the  company  or  companies  having  control  thereof 
under  the  provisions  of  law,  or  from  the  City,  should  it  succeed  to  the  rights  of  such 
company  or  companies.  If  the  City  shall  construct  or  acquire  subways  for  electrical 
conductors  of  the  character  or  tension  of  those  used  by  the  Company  or  similar  com- 
panies, the  Company  hereby  agrees  to  lay  its  wires  and  conductors  in  such  subways, 
and  the  City  agrees  to  lease  to  the  Company  such  space  as  may  be  necessary  and 
available  for  the  operation  of  the  system  herein  referred  to. 

No  cables  or  wires  shall  be  strung  above  the  surface  of  the  streets  and  avenues 
by  the  Company. 

Ninth — It  is  a  condition  of  this  contract  that  the  Company  shall  bear  the  entire 
expense  of  all  work  undertaken  liy  it  in  the  territory  referred  to  herein. 

Tenth — The  Company  shall  file  with  the  Board  on  the  first  day  of  February  in 
each  year  a  map  of  plan  upon  which  shall  be  plainly  and  separately  indicated  the 
number  of  wires  which  were  in  use  by  the  Company  on  December  31  preceding  and 
the  streets  in  which  the  same  are  located,  and  also  those  which  were  put  in  use  during 
the  year  preceding  that  date.  It  shall  also  file  with  the  Department  of  Water  Supply, 
Gas  and  Electricity,  on  or  before  the  tenth  day  of  each  month,  a  map  or  plan  of  the 
locations  in  which  wires  have  been  placed  by  it  during  the  preceding  month. 

Eleventh — The  wires  of  the  Company  shall  be  employed  for  no  other  purpose 
than  those  explicitly  set  fortli  herein  and  the  Company  binds  itself  not  to  lay,  use, 
lease  or  operate  wires  for  illegal  purposes  or  to  illegal  places. 

Twelfth— The  Company  shall  assume  all  liability  to  persons  or  property  by  reason 
of  the  construction  or  operation  of  the  system  referred  to  in  this  contract,  and  it  is  a 
condition  of  this  contract  that  the  City  shall  assume  no  liability  whatsoever  to  either 
persons  or  property  on  account  of  the  same,  and  the  Company  hereby  agrees  to  repay 
to  the  City  any  damage  which  the  City  shall  be  compelled  to  pay  by  reason  of  any 
acts  or  defaults  of  the  Company. 


13 


Thirteenth— Nothing  in  this  contract  shall  he  deemed  to  affect  in  any  way  the 
right  of  the  City  to  grant  to  any  individual  or  other  corporation  its  consent  to  the 
exercise  of  a  franchise  or  to  grant  a  franchise  right  or  privilege  upon  the  same  or 
other  terms  and  conditions  in  the  territory  referred  to  in  this  contract,  or  any  part 
thereof. 

Fourteenth— If  the  Company  shall  fail  to  maintain  its  structures  and  equipment 
as  herein  provided  in  good  condition  throughout  the  whole  term  of  this  contract,  the 
Board  may  give  notice  to  the  Company,  specifying  any  default  on  the  part  of  the 
Company,  and  requiring  the  Company  to  remedy  the  same  within  a  reasonahle  time, 
and  upon  failure  of  the  Company  to  remedy  such  default  within  a  reasonable  time,  the 
Company  shall,  for  each  day  thereafter  during  which  the  default  or  defect  remains  pay 
to  the  City  the  sum  of  one  hundred  dollar?  C$100J  as  fixed  or  liquidated  damages,  or 
the  Board,  in  case  such  structures  or  equipment  which  may  affect  the  surface  of  the 
streets  shall  not  be  put  in  good  condition  within  a  reasonalde  time  after  notice  by  the 
Board  as  aforesaid,  shall  have  the  right  to  make  all  needed  repairs  at  the  expense  of 
the  Company,  in  which  case  the  Company  shall  pay  to  the  City  the  amount  of  the  cost 
of  such  repairs,  with  legal  interest  thereon,  all  of  which  sums  may  be  deducted  from 
the  fund  hereinafter  provided   for. 

Fifteenth— If  for  a  period  of  three  consecutive  months  after  the  commencement 
of  its  transatlantic  service  by  the  Marconi  Wireless  Telegraph  Company  of  America 
the  system  of  the  Company  shall  not  be  operated,  or  if  the  same  shall  not  be  operated 
for  a  period  of  six  months  out  of  any  consecutive  twelve  months,  the  Board  may 
revoke  its  consent  and  declare  this  contract  terminated  without  further  proceedings 
at  law  or  in  equity. 

Sixteenth-The  Company  shall  submit  to  the  Board  a  report,  not  later  than 
February  1  of  each  year  for  the  year  ending  December  31  next  preceding,  and  at  any 
other  time  upon  request  of  the  Board,  which  shall  state: 

1.  The  amount  of  stock  issued  for  cash ;  for  property. 

2.  TTie  amount  paid  in  as  by  last  report. 

3.  The  total  amount  of  capital  stock  paid  in. 

4.  The  funded  debt  by  last  report. 

5.  The  total  amount  of  funded  debt. 

6.  The  floating  debt  as  by  last  report. 

7.  The  total  amount  of  floating  debt. 

8.  The  total  amount  of  funded  and  floating  debt. 

9.  The  average  rate  per  annum  of  interest  on  funded  debt. 

10     Statement  of  dividends  paid  during  the  year,  and  the  rate  of  same. 

11.  The  names  of  the  directors  and  officers  elected  at  the  last  meeting  of  the 

corporation  held  for  such  purpose. 

12.  The  name  or  names  of  the  shareholder  or  shareholders  holding  a  majority 

of  the  stock  of  the  said  corporation. 

13.  Location,  value  and  amount  paid  for  real  estate  owned  by  the  Company  as 

by  last  report. 

14.  Location,  value  and  amount  paid  for  real  estate  now  owned  by  the  Company. 


14 

15.  Number  and  location  of  offices  of  the  Company  in  the  City  and  the  offices 

and  companies  to  which  the  same  are  connected. 

16.  Total  receipts  of  the  Company. 

17.  Proportion  of  receipts  retained  by  the  Company  as  compensation  for  its  serv- 

ices; the  amount  of  such  proportion  and  the  rate  per  word  of  such  propor- 
tion with  respect  to  the  messages  received  and  transmitted  by  it. 

18.  Amounts  paid  iiy  the  Company  for  damage  to  persons  or  property  on  account 

of  construction   and   operation. 

19.  Total  expenses  for  operation,  including  salaries. 

— and  such  other  information  in  regard  to  the  business  of  the  Company  as  may  be  re- 
quired by  the  Board. 

The  Company  shall  also  file  annually  with  the  above  report  a  certified  copy  of  its 
then  existing  contract  or  contracts  wilh  the  Marconi  Wireless  Telegraph  Company  of 
America  and  its  affiliated  companies. 

Seventeenth.  The  Company  shall,  on  or  before  February  1  of  each  year, 
make  a  verified  report  to  the  Comptroller  of  the  total  mileage  of  metallic  circuits  in 
use  or  operation  by  it  in  the  City  on  December  31  preceding,  and  the  location  of  the 
various  offices,  of  whatever  description,  connected  by  the  same,  or  should  it  not  have 
sufficient  data  to  enable  it  to  furnish  a  statement  of  the  mileage  of  such  metallic  cir- 
cuits, then  the  Company  shall,  on  February  1,  furnish  to  the  Comptroller  a  verified 
report  of  the  various  offices  of  whatever  description  connected  by  the  circuits  in  use 
by  it  on  December  31  next  preceding.  The  Company  shall  also  in  the  same  manner 
furnish  such  other  information  as  the  Comptroller  may  require.  The  Comptroller 
shall  have  access  to  all  books  of  the  Company,  for  the  purpose  of  ascertaining  the  cor- 
rectness of  its  report,  and  may  examine  its  officers  under  oath.  _ 

Eighteenth— This  consent  is  upon  the  express  condition  that  the  Company,  within 
thirty  (30)  days  after  the  signing  of  this  contract  by  the  Mayor,  and  before  anything 
is  done  in  the  construction  or  operation  of  its  system,  shall  deposit  with  the  Comp- 
troller of  the  City  the  sum  of  five  thousand  dollars  ($5,000),  either  in  money  or 
securities,  to  be  approved  by  him,  which  fund  shall  be  security  for  the  performance 
by  the  Company  of  all  of  the  terms  and  conditions  of  this  contract,  and  each  and 
every  one  thereof.  In  the  event  of  default  in  the  payment  of  the  annual  charge  or 
other  payments  herein  required  the  City  shall  collect  the  same,  with  interest,  from  the 
said  fund  after  ten   (10)  days'  notice  to  the  Company. 

In  case  of  failure  of  the  Company  to  comply  with  the  terms  of  this  contract 
relating  to  the  filing  of  annual  statements,  the  installation  or  maintenance  of  its  struct- 
ures and  equipment,  or  its  neglect  or  refusal  to  comply  with  any  demand  or  direction 
of  the  Board  or  other  municipal  officials,  made  pursuant  to  the  terms  of  this  con- 
tract, or  under  the  authority  of  any  laws,  ordinances  or  departmental  regulations  now 
or  hereafter  in  force,  in  such  case  and  in  any  of  these  events  the  Company,  except 
as  herein  otherwise  provided,  shall  pay  to  the  City  a  penalty  of  fifty  dollars  ($50)  for 
each  violation. 

The  procedure  for  the  imposition  and  collection  of  the  penalties  in  this  contract 
shall  be  as  follows : 

The  Board,  on   complaint  made,  shall  give  notice  to  the  Company,   directing  its 


15 


President  or  olhcr  offica-  to  appear  before  t1,e  Board  on  a  certain  day  not  less  than 
ten  (10)  days  after  the  date  of  such  notice,  to  show  cause  why  the  Company  should 
not  be  penahzed  in  accordance  with  the  provisions  of  this  contract.  If  the  Company 
fails  to  make  an  appearance,  or  after  a  hearing  appears  in  the  judgment  of  the  Board 
to  be  in  fault,  said  Board  shall  forthwith  impose  the  prescribed  penalty,  or  where  the 
amount  of  the  penalty  is  not  prescribed  herein,  such  amount  as  appears  to  the  Board 
to  be  just,  and  without  legal  procedure,  direct  the  Comptroller  to  withdraw  the  amount 
of  such  penalty  from  the  security  fund  deposited  with  him.  In  case  of  any  drafts 
made  upon  the  security  fund  the  Company  shall,  upon  ten  (10)  days'  notice  in  writ- 
ing pay  to  the  City  a  sum  suflicient  to  restore  said  security  fund  to  the  ongmal 
amount  of  five  thousand  dollars  ($5,000),  and  in  default  thereof  this  contract  shall  be 
cancelled  and  annulled  at  the  option  of  the  Board,  acting  in  behalf  of  the  City.  No 
action  or  proceeding  or  right  under  the  provisions  of  this  contract  shall  afifect  any 
other  legal  rights,  remedies  or  causes  of  action  belonging  to  the  City. 

Nineteenth-In  case  of  any  violation  or  breach  or  failure  to  comply  with  any  of 
the  provisions  herein  contained,  this  contract  may  be  forfeited  by  a  suit  brought  by 
the  Corporation  Counsel,  on  notice  of  ten  (10)  days  to  the  Company,  or  at  the  option 
of  the  Board,  bv  resolution  of  said  Board.  Provided,  however,  that  such  action  by 
the  Board  shall  not  be  taken  until  the  Board  shall  give  notice  to  the  Company,  served 
in  the  same  manner  as  a  summons  in  an  action  in  the  Supreme  Court,  to  appear  before 
it  on  a  certain  day  not  less  than  ten  (10)  days  after  the  date  of  such  notice,  to  show 
cause  why  such  resolution  declaring  the  contract  forfeited  should  not  be  adopted.  In 
case  the  Company  fails  to  appear  action  may  be  taken  by  the  Board  forthwith. 

Twentieth-If  at  any  time  the  powers  of  the  Board  or  any  other  of  the  authori- 
ties herein  mentioned,  or  intended  to  be  mentioned,  shall  be  transferred  by  law  to  any 
other  board,  authority,  officer  or  officers,  then  and  in  such  case  such  other  board, 
authority,  officer  or  officers  shall  have  all  the  powers,  rights  and  duties  herein  reserved 
to  or  prescribed  for  the  Board  or  other  authorities,  officer  or  officers. 

Twenty-first— The  words  "notice"  or  "direction"  wherever  used  in  this  contract 
..hall  be  deemed  to  mean  a  written  notice  or  direction.  Every  such  notice  or  direction 
to  be  served  upon  the  Company  shall,  except  as  otherwise  in  this  contract  provided,  be 
delivered  at  such  office  in  the  City  as  shall  have  been  designated  by  the  Company,  or 
if  no  such  office  shall  have  been  designated,  or  if  such  designation  shall  have  for  any 
reason  become  inoperative,  shall  be  mailed  in  the  City,  postage  prepaid,  addressed  to 
the  Company  at  the  City.  Delivery  or  mailing  of  such  notice  or  direction  as  and  when 
above  provided  shall  be  equivalent  to  direct  personal  notice  or  -direction  and  shall  be 
deemed  to  have  been  given  at  the  time  of  delivery  or  mailing. 

Tweiity-second-The  words  "streets  and  avenues"  or  "streets  or  avenues"  wherever 
used  in  this  contract  shall  be  deemed  to  mean  streets,  avenues,  highways,  parkways,  drive- 
ways, concourses,  boulevards,  bridges,  viaducts,  tunnels,  public  places,  lands  under 
water  or  any  other  property  to  which  the  City  has  title  or  over  which  the  public  has 
an  easement,  included  within  the  limits  of  the  territory  in  which  the  Company  is  to 
operate  under  this  contract. 

Twenty-third-The  grant  of  this  consent  is  subject  to  whatever  right,  title  or 
interest  the  owners  of  abutting  property  or  others  may  have,  if  any,  in  and  to  the 


000  531  211 


16 

streets  and  avenues  of  the  territory  in  wliich  tine  Company  is  authorized  to  operate 
by  this  contract. 

Section  3.  Nothing  in  this  contract  shall  be  construed  as  in  any  way  limiting  the 
present  or  future  jurisdiction  of  the  Public  Service  Commission  under  the  laws  of  the 
State  of  New  York. 

Section  4.  This  contract  is  subject  to  the  Constitution  and  Laws  of  the  United 
States  of  America  and  the  rules  and  regulations  which  have  been  and  may  be  adopted 
in  pursuance  thereof. 

Section  5.  The  Company  promises,  covenants  and  agrees  on  its  part  and  behalf 
to  conform  to  and  abide  by  and  perform  all  the  terms,  conditions  and  requirements 
in  this  contract  fixed  and  contained. 

In  witness  whereof  the  party  of  the  first  part,  by  its  Mayor,  thereunto  duly 
authorized  by  the  Board  of  Estimate  and  Apportionment  of  said  City,  has  caused  the 
corporate  name  of  said  City  to  be  hereunto  signed  and  the  corporate  seal  of  said 
City  to  be  hereunto  affixed ;  and  the  part  of  the  second  part,  by  its  officers,  thereunto 
duly  authorized,  has  caused  its  corporate  name  to  be  hereunto  signed  and  its  corporate 
seal  to  be  hereunto  affixed,  the  day  and  year  first  above  written. 
THE  CITY  OF  NEW  YORK, 

By    ,    Mayor. 

(Corporate  seal.) 

Attest :     ,  City  Clerk. 

MARCONI   TELEGRAPH-CABLE  COMPANY,   INC., 
By   President. 

(Seal.) 

Attest :     Secretary. 

(Here  add  acknowledgements.) 


